Scheme to test property lease extensions

[photopress:China_house.jpg,full,alignright]The Property Law, due to take effect in China October, and which was passed during this year’s National People Congress, states that after the expiry of the land lease it can automatically be extended. This is very important as it moves the idea of private, as opposed to state, ownership, one step further ahead.

Now the Ministry of Land and Resources (MLR) will start some pilot projects testing how best to extend dwellers’ rights when their land lease expires.

As it stands the current law is that the country owns the land. Individuals only have the right to use it for a stipulated period of time and the longest term is 70 years. After which the land reverts to the country.

The extension of land use rights is a key issue. It can be argued, and has been so argued, that if the rights to land can be extended automatically it is tantamount to owning the land.

The MLR said a series of pilot projects on this aspect of the Property Law would be carried out to better protect the interests of farmers who lost their properties due to land acquisition.

The ministry also ordered its subordinates to annul local regulations before October which fail to comply with the Property Law.

Wang Liming, a professor of the Renmin University of China, said, ‘The Property Law does not specify how the term would be extended and whether people will be charged, that is what needs to be resolved through the pilot projects. Theoretically, people have the right to stay in their houses until the house becomes inhabitable or torn down.’

Tang Peng’ao, a researcher with the Chinese Academy of Social Sciences, said the Property Law was a ‘pledge’ by the country to the world to grant all properties equal protection.

He gave an example: ‘If a foreigner buys a car in China, he owns it and is protected. There is no doubt about that.’

He wants to see the same for land. He said, ‘The law requires a unified registration system for fix assets, which means there will be only one place for land registration. It will streamline the current multi-registration system of different government departments.

‘Laws regulating fix assets registration, housing demolition and relocation, are imperative. And an effective administrative enforcement of the law is also vital.’

Source: China Daily